555uppertier asks April Van Dyke…
Conflicts for Cases
My understanding is that an attorney can file a motion to remove a judge from hearing a particular matter. If elected or re elected to this position is it likely that you would be unable to hear certain types of cases? What kind of impact would this have on court scheduling and flexibility? If you are currently serving as a judge how many times has a motion been filed to recuse you from hearing a case?
— 555uppertier
Response
April Van Dyke
To maintain impartial justice a judge must disqualify themselves pursuant to California Civil Code § 170.1. In summary that section requires a judge to recuse themselves if they have a personal or financial interest in the case or parties in a case. For example, there are a few attorneys I have personal relationships with outside of the professional context. I would recuse myself from their matters. Another example would be hearing matters involving a business that a jurist has financial interest in. These determinations are made on a case by case or individual basis.
← Follow